2020 QCCQ 4718, 2020 QCCQ 4718

Protection de la jeunesse — 204823 2020 QCCQ 4718 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000788-182 DATE: SEPTEMBER 8, 2020 ______________________________________________________________________ BY THE HONOURABLE THIERRY R.

POTVIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , exercising her profession at the Centre intégré de santé et de Services sociaux A, having a place of business at [...], district A Applicant and X (Born on [...], 2009) Child and A Mother ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of youth protection files an application to review and to extend a decision under

section 95 of the Youth Protection Act concerning the child X born on [...], 2009. [ 2 ] The Director is seeking an order from the court to entrust the child to the proximity foster family where he is currently living until he reaches the age of majority. [ 3 ] It is alleged that the situation of the mother remains unstable, that she is still struggling with drug addiction and that she does not regularly report to the Director. [ 4 ] Because the child has been placed under the care of her maternal grandparents since June 2018, the delays of the placement under

section 91.1 of the Youth Protection Act have been reached. Therefore, the Court must make an order aimed at ensuring the continuity of care, stable relationships and stable living conditions. [ 5 ] At the hearing, the child is absent but represented by a lawyer. The mother is neither present nor represented by a lawyer despite being served. The Maternal grandmother testifies that her daughter (the mother) was present in the courthouse during a part of the afternoon, but that she decided to leave without warning.

The social worker mentions that when she spoke with the mother, she was aware of the measures sought after by the Director and she agreed with them. [ 6 ] The Court declares having jurisdiction to proceed despite the absence of the mother. [ 7 ] The lawyer of the child agrees with the measures sought by the Director and argues that they are in the best interest of his client. [ 8 ] The uncontested evidence shows the child is doing well with the proximity foster family and that a reintegration with her mother is impossible. [ 9 ] As for the request to withdraw the exercise of certain attributes of parental authority, the evidence shows that the mother can be hard to reach during certain periods of time and it would be in the best interest of the child that the exercise of those attributes be granted to the maternal grandmother when the mother cannot be reached.

FOR THESE REASONS, THE COURT :

[ 10 ] GRANTS the application; [ 11 ] MAINTAINS that the security and the development of the child are still compromised; [ 12 ] ENTRUSTS the child to the proximity foster family B until she reaches her majority; [ 13 ] ORDERS that an institution or body provide aid, counsel and assistance to the child and the child’s parent for the duration of the order; [ 14 ] ORDERS that the contacts between the child and the mother be determined by the Director of Youth Protection as to the frequency, duration and modalities and in the presence of a third party if judged necessary; [ 15 ] ORDERS that the child’s mother take an active

part in the application of any of the measures ordered by the Court; [ 16 ] STRONGLY RECOMMENDS that the mother seek a drug addiction evaluation and follow the recommendations of the professional; [ 17 ] ORDERS that the mother report at regular intervals to the director to inform him of the current situation; [ 18 ] ORDERS that the mother be sober in presence of the child; [ 19 ] ORDERS that the exercise of certain attributes of parental authority (medical, school, sports and activities) be withdrawn from the mother and granted to the maternal grandmother, Mrs.

B in the case that the mother cannot be reached; [ 20 ] ORDERS that the mother authorize the exchange of information between all professionals implicated in the family’s life regarding attendance, collaboration and the achievements of objectives; [ 21 ] ORDERS any police body to collaborate for the purpose of executing the present measures; [ 22 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present decision. Town A, September 17, 2020 __________________________________ THIERRY R. POTVIN, J.C.Q.

Mtre Flore Tardif CISSS A Counsel for the applicant Mtre Antoine Meunier Centre communautaire jur. A Counsel for the child Date of hearing: SEPTEMBER 8, 2020